§ 151.02 DEFINITIONS.

"CONCILIATION." The attempted resolution of issues raised by a complaint or by the investigation of a complaint, through informal negotiations involving the aggrieved person, the respondent, and the Commission.

"CONCILIATION AGREEMENT." A written agreement setting forth the resolution of the issues in conciliation.

"DIRECTOR." The director of the Kokomo Human Rights Commission.

“DISABLED” or “DISABILITY.” With respect to an individual:

(1) A physical or mental impairment that substantially limits at least one of the major life activities of the individual;

(2) A record of an impairment described in division (1); or

(3) Being regarded as having an impairment described in division (1).

The term does not include current illegal use of or addiction to a controlled substance (as defined in § 102 of the controlled Substances Act (21 U.S.C. § 802)).

"DISCRIMINATE" or "DISCRIMINATION." The denial of equal access to or any differences of treatment in the sale, lease, rental, or financing of housing units based on race, color, religion, sex, national origin, ancestry, disability, sexual orientation, gender identity, Veteran status, marital status, familial status, or age and shall include segregation, except that it shall not be discrimination for any religious or denominational institution to prefer members of its own religion or denomination for purposes of employment or religion.

"DISCRIMINATORY HOUSING PRACTICE." An act prohibited by § 151.05 of this chapter.

"DWELLING."

(1) Any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residency by one or more families; or

(2) Any vacant land that is offered for sale or lease for the construction or location of a building, structure, or part of a building or structure described by division (1).

"FAMILIAL STATUS." One or more individuals (who have not attained the age of 18 years) being domiciled with:

(1) A parent or another person having legal custody of such individual or individuals; or

(2) The designee of such parent or other person having such custody, with the written permission of such parent or other person.

The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.

"FAMILY." Includes a single individual.

"GENDER IDENTITY." An individual having or being perceived as having a gender-related self-identity, self-image, appearance, expression or behavior, regardless of whether it is the same or different from those characteristics traditionally associated with the individual's assigned sex at birth.

"HOUSING UNIT." A single room or a suite of rooms, or an apartment or dwelling, occupied or intended for occupancy as separate living quarters, by an individual, by a family or by a group of individuals living together, or a parcel of real property or a lot available for the construction of a housing unit.

"LENDING INSTITUTION." Any person regularly engaged in the business of lending money or guaranteeing loans.

"MARITAL STATUS." A person's state of being single, married, separated, divorced, or widowed.

"OWNER." An owner, including the lessee, sublessee, assignee, managing agent, or other person having the right to ownership or possession, or the right to sell, rent, or lease any housing unit.

"OWNER-OCCUPANT." Any person residing in a home who occupies that home as his own personal residence.

"PERSON." One or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees under Title 11, receivers, and fiduciaries.

"PERSON IN THE BUSINESS OF SELLING OR RENTING DWELLINGS." A person who:

(1) Has, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein;

(2) Has, within the preceding 12 months, participated as an agent, other than in the sale of his own personal residence in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or

(3) Is the owner of any dwelling designed for occupancy by, or occupied by, five or more families.

"PROTECTED CLASS." Those characteristics of a person that cannot be targeted for discrimination and include race, religion, color, sex, disability, national origin, ancestry, sexual orientation, gender identity, veteran status, marital status, familial status, and age.

"REAL ESTATE BROKER." Any person who, for a fee or other valuable consideration, sells, purchases, exchanges or rents, or negotiates, or offers or attempts to negotiate, the sale, purchase, exchange, or rental of the real property of another, or holds himself out as engaged in the business of selling, purchasing, exchanging, or renting the real property of another, or collects rental for the use of real property of another.

"REAL ESTATE SALESMEN" or "REAL ESTATE AGENT." Any person employed by a real estate broker to perform or assist in the performance of any or all the functions of a real estate broker.

"RESPONDENT."

(1) The person accused in a complaint of discriminatory housing practice; or

(2) Any person identified as an additional or a substitute respondent under I.C. 22-9.5-6-4 or an agent of an additional or a substitute respondent.

"SEXUAL ORIENTATION." An individual's actual or perceived identity or practice as a lesbian woman, gay man, bisexual person or heterosexual person.

"TO RENT." Includes to lease, to sublease, to let, or to otherwise grant for a consideration the right to occupy premises not owned by the occupant.

"VETERAN STATUS.”

(1) A veteran of the armed forces of the United States;

(2) A member of the Indiana National Guard; or

(3) A member of a reserve component.

(Ord. 5924, passed 7-25-94; Am. Ord. 6128, passed 7-12-99; Am. Ord. 6252, passed 1-13-03; Am. Ord. 6829, passed 6-27-16)

§ 151.03 EXEMPTIONS.

(A) Sale or rental of single-family houses, rooms or units in certain dwellings.

(1) Subject to subdivision (2), § 151.05 (B) does not apply to the following:

(a) The sale or rental of a single-family house sold or rented by an owner if:

1. The owner does not:

a. Own more than three single-family houses at any one time; or

b. Own any interest in, nor is there owned or reserved on the owner's behalf, under any express or voluntary agreement, title to, or any right to any part of the proceeds from the sale or rental of more than three single-family houses at any one time; and

2. The house was sold or rented without:

a. The use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, an agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person.; or

b. The publication, posting, or mailing of a notice, a statement, or an advertisement prohibited by § 151.05 (C).

(b) The sale or rental of rooms or units in a dwelling containing living quarters occupied or intended to be occupied by no more than four families living independently of each other if the owner maintains and occupies one of the living quarters as the owner's residence.

(2) The exemption in subdivision (2)(a) applies to only one sale or rental in a 24 month period if the owner was not the most recent resident of the house at the time of the sale or rental.

(B) This division does not prohibit a religious organization, an association, or a society or a nonprofit institution or an organization operated, supervised, or controlled by or in conjunction with a religious organization, an association, or a society from:

(1) Limiting the sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion; or

(2) Giving preference to person of the same religion unless membership in the religion is restricted because of race, color, sex, national origin, ancestry, disability, sexual orientation, gender identity, Veteran status, marital status, familial status, or age.

(C) This division does not prohibit a private club not open to the public that, as an incident to the club's primary purpose, provides lodging that the club owns or operates for other than a commercial purpose from limiting the rental or occupancy of that lodging to the members or from giving preference to the members, unless membership in the club is restricted because of race, color, sex, national origin, ancestry, disability, sexual orientation, gender identity, Veteran status, marital status, familial status, or age.

(D) Housing for older persons.

(1) As used in this division, "housing for older persons" means housing:

(a) That the Commission determines is specifically designed and operated to assist elderly persons under federal or state program, provided that, any such determination shall be consistent with determinations made by the U.S. Department of Housing and Urban Development concerning the same subject matter;

(b) Intended for and solely occupied by persons at least 62 years of age; or

(c) Intended and operated for occupancy by at least one person at least 55 years of age, subject to regulations developed by the Secretary of the United States Department of Housing and Urban Development under Section 807(b)(2)(C) of the federal Fair Housing Act.

(2) The provisions of § 151.05 (A) relating to familial status do not apply to housing for older persons.

(E) Appraisal of property. This division does not prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, religion, sex, national origin, ancestry, disability, sexual orientation, gender identity, Veteran status, marital status, familial status, or age and shall include segregation, except that it shall not be discrimination for any religious or denominational institution to prefer members of its own religion or denomination for purposes of employment and housing.

(F) Health or safety restrictions; other laws not affected.

(1) This division does not affect a reasonable local, or state restriction on the maximum number of occupants permitted to occupy a dwelling or restriction relating to health or safety standards provided that such restrictions are themselves reasonable and do not discriminate on any basis prohibited by this chapter.

(2) This division does not affect a requirement of nondiscrimination in any other local, state or federal law.

(Ord. 5924, passed 7-25-94; Am. Ord. 6128, passed 7-12-99; Am. Ord. 6829, passed 6-7-16)

§ 151.04 ADMINISTRATIVE PROVISIONS.

(A) Delegation of powers and duties to executive director. The Commission may, by resolution, authorize the executive director of the Commission to exercise the Commission's powers and perform the Commission's duties under this chapter.

(B) Cooperation with other entities. The Commission shall cooperate with and, as appropriate, may provide technical and other assistance to federal, state, local, and other public or private entities that are formulating or operating programs to prevent or eliminate discriminatory housing practices.

(C) Acceptance of gifts and grants. The Commission may accept gifts and grants from any public or private source for the purpose of administering this section.

(Ord. 5924, passed 7-25-94)

§ 151.05 DISCRIMINATION PROHIBITED.

(A) Under this section, a discriminatory act is committed because of familial status if the act is committed because a person who is the subject of discrimination is:

(1) Pregnant;

(2) Domiciled with an individual younger than 18 years of age in regard to whom the person:

(a) Is the parent or legal custodian; or

(b) Has the written permission of the parent or legal custodian for domicile with that person; or

(B) Discrimination in connection with sale or rental of dwellings prohibited; exception as to persons convicted of illegal manufacture or distribution of controlled substance.

(1) A person may not refuse to sell or to rent after the making of a bonafide offer, refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, religion, sex, national origin, ancestry, disability, sexual orientation, gender identity, Veteran status, marital status, familial status, or age.

(2) A person may not discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in providing services or facilities in connection therewith, because of race, color, religion, sex, national origin, ancestry, disability, sexual orientation, gender identity, Veteran status, marital status, familial status, or age.

(3) This section does not prohibit discrimination against a person because the person has been convicted under federal law or the law of any state of the illegal manufacture or distribution of a controlled substance.

(C) Notices, statements, or advertising. A person may not make, print, publish or cause to be made, printed, or published any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, national origin, ancestry, disability, sexual orientation, gender identity, Veteran status, marital status, familial status, or age, or an intention to make such a preference, limitation, or discrimination.

(D) Representations regarding availability of dwelling for inspections. A person may not represent to any person because of race, color, religion, sex, national origin, ancestry, disability, sexual orientation, gender identity, Veteran status, marital status, familial status, or age that a dwelling is not available for inspection, for sale, or rental when such dwelling is so available.

(E) Representations regarding entry of certain persons into neighborhood. A person may not, for profit, induce or attempt to induce a person to sell or rent any dwelling by representations regarding the entry or prospective entry into a neighborhood of a person or persons of a particular race, color, religion, sex, national origin, ancestry, disability, sexual orientation, gender identity, Veteran status, marital status, familial status, or age.

(F) Disabled persons.

(1) A person may not discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of:

(a) That buyer or renter;

(b) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or

(2) A person may not discriminate against any person in the terms, conditions, or privileges of sale or rectal of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a disability of:

(a) That person; or

(b) A person residing in or intending to reside in that dwelling after the dwelling is so sold, rented or made available; or

(3) For the purpose of this subsection only, discrimination includes the following:

(a) A refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by such person if the modifications may be necessary to afford such person full enjoyment of the premises except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.

(b) A refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford the person equal opportunity to use and enjoy a dwelling.

(c) In connection with the design and construction of covered family multifamily dwellings for first occupancy after March 13, 1991 a failure to design and construct those dwellings in a manner that:

1. The public use and common use portions of such dwellings are readily accessible to and usable by disabled persons;

2. All the doors are designed to allow passage into and within all premises within the dwellings and are sufficiently wide to allow passage by disabled persons in wheelchairs; and

3. All premises within such dwellings contain the following features of adaptive design:

a. At least one building entrance shall be on an accessible route unless it is impractical to do so as provided at section 100.205 of the Department's regulations.

b. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

c. Reinforcements in bathroom walls to allow later installations of grab bars; and

d. Usable kitchens and bathrooms so, that an individual in a wheelchair can maneuver about the space.

(4) As used in subdivision (3), "covered multifamily dwellings" means:

(a) Buildings consisting of four or more units if the buildings have one or more elevators; and

(b) Ground floor units in other buildings consisting of four or more units.

(5) Compliance with the rules of the Fire Prevention and Building Safety Commission that incorporate by reference the appropriate requirements of the American National standard for buildings and facilities providing accessibility and usability for physically disabled people (ANSI A117.1) satisfies the requirements of subdivision (3) (a) 3.

(6) This section does not require that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.

(G) Loans or financial assistance.

(1) As used in this section, "residential real estate related transaction" means:

(a) Making or purchasing loans or providing other financial assistance:

1. To purchase, construct, improve, repair, or maintain a dwelling; or

2. To secure residential real estate.

(b) Selling, brokering, or appraising residential real property.

(2) A person whose business includes engaging in residential real estate related transactions may not discriminate against a person in making a real estate related transaction available or in the terms of conditions of a real estate related transaction because of race, color, religion, sex, national origin, ancestry, disability, sexual orientation, gender identity, Veteran status, marital status, familial status, or age.

(H) Brokers' organization, services or facilities. A person may not deny any person access to, or membership participation in, a multiple listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or discriminate against a person in the terms or conditions of access, membership or participation in such an organization, service, or facility because of race, color, religion, sex, national origin, ancestry, disability, sexual orientation, gender identity, Veteran status, marital status, familial status, or age.

(I) Coercion, intimidation, threats or interference. A person may not coerce, intimidate, threaten, or interfere with any other person:

(1) In the exercise or enjoyment of any right granted or protected by this section; or

(2) Because the person has exercised or enjoyed, or has encouraged or aided another person in the exercise or enjoyment of any right granted or protected by this section.

(Ord. 5924, passed 7-25-94; Am. Ord. 6128, passed 7-12-99; Am. Ord. 6829, passed 6-27-15) Penalty, see § 151.99

§ 151.06 ADMINISTRATIVE ENFORCEMENT.

(A) Duty of Commission to investigate discriminatory housing practices; filing of complaint; amendment; notice.

(1) The Commission shall inform the complainant who is alleging a discriminatory housing practice of the option to elect to file a complaint at either the state or local level and of the possibility that a referral may be made from one level of government to another.

(2) The Commission shall investigate alleged discriminatory housing practices.

(3) A complaint concerning an alleged discriminatory housing practice must be:

(a) In writing;

(b) Under oath; and

(4) An aggrieved person may, not later than one year after an alleged discriminatory housing practice has occurred or terminated, whichever is later, file a complaint with the Commission alleging the discriminatory housing practice.

(5) Not later than one year after an alleged discriminatory housing practice has occurred or terminated, whichever is later, the Commission may file the Commission's own complaint.

(6) A complaint under this section may be amended at any time.

(7) When a complaint is filed under this section, the Commission shall do the following:

(a) Give the aggrieved person notice that the complaint has been received.

(b) Advise the aggrieved person of the time limits and choice of forums under this section.

(c) Not later than 20 days after filing of the complaint or the identification of an additional respondent under division (D) of this section, serve on each respondent:

1. A notice identifying the alleged discriminatory practice and advising the respondent of the procedural rights and obligations of a respondent under thin section; and

2. A copy of the original complaint.

3. Notice may be served on a respondent by any means authorized under the Indiana Rules of Trial Procedure.

(B) Answer to complaint.

(1) Not later than ten days after receipt of notice and a copy of the complaint under division (A)(7), a respondent shall file an answer to the complaint.

(2) An answer must be:

(a) In writing; and

(b) In the form prescribed by the Commission.

(3) An answer may be amended at any time.

(4) An answer does not inhibit the investigation of a complaint.

(1) If the federal or state government has referred a complaint to the Commission or has deferred jurisdiction over the subject matter of the complaint to the Commission, the Commission shall promptly investigate the allegations set forth in the complaint.

(2) The Commission shall investigate all complaints, filed under this section and except as provided by subdivision (3), shall complete an investigation not later than 100 days after the date the complaint is filed, or if the Commission is unable to complete the investigation within the 100 day period, shall dispose of all administrative proceedings related to the investigation not later than one year after the date the complaint is filed.

(3) If the Commission is unable to complete an investigation within the time periods prescribed by subdivision (2), the Commission shall notify the complainant and the respondent in writing of the reasons for the delay.

(D) Joinder of additional or substitute respondents.

(1) The Commission may join a person not named in the complaint as an additional or substitute respondent if in the course of the investigation the Commission determines that the person should be accused of a discriminatory housing practice.

(2) In addition to the information required in the notice under division (A)(6)(c) of this section, the Commission shall include in a notice to a respondent joined under this section an explanation of the basis for determination that the person is properly joined as respondent.

(E) Conciliation agreements.

(1) The Commission shall, during the period beginning with the filing of a complaint, to the extent feasible, engage in conciliation with respect to the complaint.

(2) A conciliation agreement is an agreement between, a respondent and the complainant and is subject to Commission approval.

(3) A conciliation agreement may provide for binding arbitration or other methods of dispute resolution. Dispute resolution that results from a conciliation agreement may authorize appropriate relief, including monetary relief.

(4) A conciliation agreement shall be made public unless the complainant and the respondent otherwise agree and the Commission concurs that disclosure is not required.

(5) Nothing said or done in the course of conciliation may be made public, except when authorized and as subject to the provisions of Indiana law concerning public records or open door requirements, or used as evidence in a subsequent proceeding under this section without the written consent of the persons concerned.

(6) After completion of the Commission's investigation, the Commission shall make available to the aggrieved person and the respondent, information derived from the investigation and the final investigation report relating to that investigation.

(F) Action for temporary or preliminary relief.

(1) If the Commission concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this section, the Commission may file a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint in a circuit or superior court that is located in Howard County.

(2) A temporary restraining order or other order granting temporary or preliminary relief under this section is governed by the Indiana Rules of Trial Procedure.

(3) The filing of a civil action under this section does not affect the initiation or continuation of administrative proceedings under division (N).

(G) Final investigative report.

(1) The Commission shall prepare a final investigative report showing the following:

(a) The names and dates of contacts with witnesses.

(b) A summary of correspondence and other contacts with the aggrieved person and the respondent showing the dates of the correspondence and contacts.

(d) A summary of witness statements.

(e) Answers to interrogatories.

(2) A final report under this section may be amended if additional evidence is discovered.

(H) Determination of reasonable cause.

(1) The Commission shall determine based on the facts whether reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur.

(2) The Commission shall make the determination under subdivision (1) not later than 100 days after the date a complaint is filed unless:

(a) Is as impracticable to make the determination; or

(b) The Commission has approved a conciliation agreement relating to the complaint.

(3) If it is impracticable to make the determination within the time period provided by subdivision (2), the Commission shall notify the complainant and respondent in writing of the reasons for the delay.

(4) If the Commission determines that reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the Commission shall immediately issue a finding of reasonable cause on behalf of the aggrieved person.

(I) Finding of reasonable cause; contents.

(1) A finding of reasonable cause issued under division (H):

(a) Must consist of a concise statement on which the Commission has found reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur;

(b) Must be based on the final investigative report; and

(2) Not later than 20 days after the Commission issues a finding of reasonable cause, the Commission shall send a copy of the finding of reasonable cause with information concerning the election under division (L) to the following:

(a) Each respondent, together with a notice of the opportunity for a hearing provided by division (N).

(b) Each aggrieved person on whose behalf the complaint was filed.

(J) Dismissal of complaint.

(1) If the Commission determines that no reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the Commission shall promptly dismiss the complaint.

(2) The Commission shall make available for public disclosure each dismissal under this section.

(K) Finding of reasonable cause precluded after commencement of civil actions. The Commission may not issue a finding of reasonable cause under this section regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party under federal or state law seeking relief with respect to that discriminatory housing practice.

(L) Election to have claims decided in civil action.

(1) A complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in a finding of reasonable cause decided in civil action as provided by division (M).

(2) The election must be made not later than 20 days after the date of receipt by the electing person of service under section division (I)(2) or, in the case of the Commission, not later than 20 days after the date the finding of probable cause was issued.

(3) The person making the election shall give notice to the Commission and to all other complainants and respondents to whom the finding of probable cause relates.

(M) Filing of civil action; intervention by aggrieved persons; granting of relief.

(1) If a timely election is made under division (L), the Commission shall, not later than 30 days after the election is made, file a civil action on behalf of the aggrieved person seeking relief under this section in a circuit or superior court that is located in Howard County.

(2) An aggrieved person may intervene in the action.

(3) If the court finds that a discriminatory practice has occurred or is about to occur, the court may grant as relief any relief that a court may grant in a civil action including, but not limited to:

(a) Monetary damages.

(b) Reasonable attorney fees.

(d) Injunctive or other equitable relief.

(4) If monetary relief is sought for the benefit of an aggrieved person who does not intervene in the civil action, the court may not award the monetary relief if that aggrieved person has not complied with discovery orders entered by the court.

(N) Enforcement through administrative procedure.

(1) Discriminatory practices prohibited by this chapter are declared to be actions harmful to the land and the use thereof.

(2) In addition to any other enforcement proceedings, the provisions of this chapter may be enforced through proceedings before the Commission acting as an administrative body as provided at I.C. 36-1-6-9.

(3) In a proceeding before the Commission to enforce the provisions of this chapter:

(a) A violation of this chapter must be proven by a preponderance of the evidence; and

(b) The Commission may order relief or impose penalties provided for in I.C. 22-9.5-6-15.

(4) A person who receives a penalty under subdivision (3) may appeal the order imposing the penalty to a court of record in Howard County, Indiana.

(5) An appeal under subdivision (4) from an order imposing a penalty must be filed not more than 60 days after the day on which the order is entered.

(O) Administrative hearing before Commission.

(1) If a timely election is not made under division (L), the Commission shall provide for a hearing on the finding of reasonable cause.

(2) At any such hearing, the Commission as a whole shall sit as an administrative hearing body. The complainant shall be represented by the Corporation Counsel; by counsel of their choice; or the complainant may represent themselves without counsel. The respondent may be represented by counsel of their choice, or the respondent may represent themselves without counsel.

(3) The parties are entitled to examine and cross-examine witnesses.

(4) The parties are entitled to present and require the production of evidence.

(5) The parties are entitled to present arguments.

(6) Upon the conclusion of the hearing, the Commission shall render a decision upon whether or not a violation of the chapter has occurred. The Commission may order relief or impose penalties as provided in I.C. 22-9.5-6-15.

(7) A hearing under this section is subject to the provisions of § 151.07 (C) of this chapter.

(8) A hearing under this section may not continue regarding any alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved person under federal or state law seeking relief with respect to that discriminatory housing practice. In such an event, the result of the civil action shall be dispositive of the matter before the Commission which shall be bound by the decision in the civil action.

(P) Certain contracts, sales, encumbrances or leases unaffected by order. A Commission order does not affect a contract, a sale, an encumbrance, or a lease that:

(1) Was consummated before the Commission issued the order; and

(2) Involved a bona fide purchaser, an encumbrancer, or a tenant who did not have actual notice of the finding of reasonable cause filed under this section.

(Q) Respondents subject to licensing or regulation by governmental agencies; forwarding of findings, orders and recommendations to agencies. If the Commission issues an order with respect to a discriminatory housing practice that occurred in the course of a business subject to licensing or regulation by a governmental agency, the Commission shall, not later than 30 days after the date of the issuance of the order:

(1) Send copies of the findings and the order to the governmental agency; and

(2) Recommend to the governmental agency appropriate disciplinary action.

(R) Issuance of subsequent orders to same respondent; forwarding of copies to attorney general. If the Commission issues an order against a respondent against whom another order was issued within the preceding five years, the Commission shall bend a copy of each order issued under that section to the Attorney General.

(Ord. 5924, passed 7-25-94; Am. Ord. 6128, passed 7-12-99)

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